Apartment Rental ? Re: Ch. 13

[Hit From Behind]

What is the name of your state? Wisconsin

My 341 meeting is set for 1/15; I am filing a Chapter 13, and my wages are already being garnished. There is a very real possibility that I may change jobs (to further my career) in the next 3-6 months. To do this, I would consider moving out of state. I know my wages will continue to be garnished according to the plan, no matter where I am employed, for the next 48 months, but here's my question. I signed a lease for my apartment in August ('03) for one year. Should I need to break the lease (and this is just hypothetical at this point) due to a job move, would I be allowed to put this "debt" in my Ch. 13 plan (i.e., is it considered pre-petition in that I signed the lease back in August, or post-petition, in that I'd be breaking the lease AFTER I filed in November). Thanks for the advice. I do have one other option in that there is a 3 month buy-out (lease clause) that I could hopefully get a new employer to pick up, but I'm not counting on that.

[JETX]

If you are current on your rent payments at the time of filing, it is doubtful that your landlord would take the process of removing the stay (in order to evict you). However, the first rent payment that you make AFTER the bankruptcy filing could confirm your intention to abide by the lease requirements.

If that is the case, then you would be required to comply with the full lease terms... and could not retroactively decide to terminate your lease obligation.

Simply, if you want to terminate your lease, do it at the time of filing. If you don't want to terminate your lease, continue paying the rent.

[Hit From Behind]

Thanks JETX! That's what I suspected. I am current on my rent (it's the one thing I never ever am late on!!) but hopefully if a new job offer is good enough, my new employer will take advantage of my lease's "buy-out" clause.

Happy New Year to all and thanks for the advice here!